Terms of Service
November 1, 2003
1. REGISTERING AND BECOMING A
A. Eligibility and Registration. THE WEBSITE IS INTENDED SOLELY FOR ACCESS AND USE BY ALL ACTIVE/RESERVE SERVING, VETERANS AND RETIRED MEMBERS OF THE UNITED STATES ARMY. Membership to the Website is by invitation only and is password protected. There is no fee to join the Website, however, there are certain areas of the Website which are accessible only to those who purchase a fee-based Full Membership and associated Services. Your use of the Website may also be subject to additional terms outlined elsewhere in this agreement ("Additional Terms"). Please review these Additional Terms as they also form a binding part of our agreement with you. Once you register as a Free Member or have upgraded to Full Membership, you will be considered as a "Member" of the TogetherWeServed.com community ("Community"). Your Membership and Password are only valid for your personal use of the Website and not for any commercial purpose.
C. Your Login Name and Password. During the registration process you will be asked to create your own Login Name and Password. It is important that you keep your Login Name and Password secure. It is also important therefore that you notify us immediately if you believe that someone has used your Login Name or Password without your authorization. TogetheWeServed.com Inc. is not liable for any loss or damage arising from the use of your Login Name or Password by an unauthorized third party.
FULL MEMBERSHIP AND OTHER
SUBSCRIPTION SERVICES. 2. MEMBER CONDUCT. B. Enforcement. TogetherWeServed.com does not
pre-screen content posted by users, and therefore TogetherWeServed.com shall
not be responsible for policing, monitoring, or editing such
content. Notwithstanding the foregoing, TogetherWeServed.com shall have
the right, but not the obligation, to monitor such content in order to respond
to or comment upon communications by participants and in order to determine
compliance with the Terms of Service. In addition, TogetherWeServed.com
shall have the right and sole discretion to refuse to post or to remove any
content, in whole or in part, that it believes to be in violation of the Terms
of Service, or which it finds to be otherwise objectionable for any reason. 3. CONTENT POSTED ON
THE WEBSITE. Please remember that
you are ultimately responsible for all Content that you provide and you warrant
and represent that: (i) the Content does not and will not infringe on any
copyright or any other third party right nor violate any applicable law or
regulation; and (ii) you have the right to grant any and all necessary rights
and licenses provided in this Section 3, including without limitation, all
necessary copyright and other related rights to the Content, free and clear of
all claims and encumbrances without violating the rights of any person or
entity, including any right to privacy or publicity; and (iii) that each person
depicted in any picture or photograph that you submit as part of the Content,
if any, has provided consent to the use of the photograph. No compensation will
be paid for the use of your Content, including, without limit, any photograph
you may provide. 4.
TOGETHERWESERVED.COM PROPERTY RIGHTS. 5. SOLICITATION OF
PRODUCTS AND SERVICES. 6. LINKS. 7.
TERMINATION/CANCELLATION POLICY. 8. PRIVACY. 9. DISCLAIMER OF WARRANTIES. 10. LIMIT OF LIABILITY. 11. INDEMNIFICATION. 12. CHOICE OF LAW & VENUE. 14. MISCELLANEOUS TERMS.
Subscription Services Some features of our services provided through the Website require a fee-based subscription, such as the Full Membership (all fee-based subscriptions are referred to as "Subscription Services"). If you elect to purchase Subscription Services you understand that your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your Login name and Password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. From time to time the Subscription Services may change, without prior notice.
Payment. Prices for all Subscription Services include all applicable taxes, unless expressly stated otherwise. If you purchase Subscription Services, you agree to pay, using a valid credit card (or other form of payment that we may accept from time to time), the applicable fees set forth on the Website. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to TogetherWeServed.com for any reason, TogetherWeServed.com reserves the right to either suspend or terminate your access to the unpaid-for Subscription Services.
Refund Policy. Payment for joining TogetherWeServed.com is non-refundable.
A. Content Posted to the Website. The Website contains certain areas that enable communication between Members of the Community, such as discussion boards, profile pages and other areas where you may interact with other Members through the posting or sharing of content. In using the Website, you may also have occasion to disclose, post, or otherwise upload to publicly accessible portions of the Website, or share with other members, information and other content, including but not limited to biographical information, photographs, profiles, and stories (collectively, the "Content"). Our Members are required to communicate with other Members responsibly, and we expect and require that our Members take full responsibility for the Content that they post or send through the Website.
The following Community Guidelines apply to and govern your use of the Website:
When you participate in the TogetherWeServed.com Website you are granting TogetherWeServed.com certain rights to use the Content you submit or post through the Website. By submitting Content to any public area of TogetherWeServed.com, you automatically grant, and you represent and warrant that you have the right to grant, to TogetherWeServed.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The Website (and all of the material that it contains) is owned by TogetherWeServed.com Inc., or its third party licensors and is protected by intellectual property and other laws throughout the world. Nothing found on the Website may be copied, reproduced, republished, distributed, sold, licensed, transferred, distributed or modified without the express written permission of TogetherWeServed.com. In addition, the trademarks, logos and service marks displayed on the website are the property of TogetherWeServed.com or its licensors. If you are aware of material on the Website that infringes any copyright, please contact us through the Copyright Infringement Policy process, which is described below.
We may allow other companies to offer you products and services, including offers through our Website or via email. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that TogetherWeServed.com shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.
You cannot link to our Website without our prior written consent. While our Website may have links to the websites of other companies and parties, TogetherWeServed.com has no control over those websites. TogetherWeServed.com is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. TogetherWeServed.com is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.
You may terminate your registration at any time by contacting our Membership Department at firstname.lastname@example.org. If you have a dispute with us relating to the Website or the Services, you may cancel your registration or cease use of the Website. The cancellation of your membership or ceasing all use of our Website is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you have purchased a fee-based Service from us, any such termination or cancellation is subject to the refund policy described in the Additional Terms. From time to time certain members do not comply with the terms and conditions in the Terms of Service. If we determine, in our sole discretion, that you are not in compliance with the Terms of Service, we reserve the right to terminate your membership. Upon any termination or cancellation of your membership, we may immediately deactivate or delete your membership and all related information and/or bar any further access to your membership or information.
YOU UNDERSTAND AND AGREE THAT:
OUR WEBSITE AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOGETHERWESERVED.COM DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND TOGETHERWESERVED.COM MAKES NO WARRANTY THAT THE INFORMATION ON THE WEBSITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. TOGETHERWESERVED.COM DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TOGETHERWESERVED.COM AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF TOGETHERWESERVED.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall indemnify and hold harmless, and at TogetherWeServed.com's request defend, TogetherWeServed.com, its parents, subsidiaries, and affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, and appropriate expert with fees if any) arising out of your acts or omissions, including claims resulting from your use of the Website, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
2. MEMBER CONDUCT.
B. Enforcement. TogetherWeServed.com does not pre-screen content posted by users, and therefore TogetherWeServed.com shall not be responsible for policing, monitoring, or editing such content. Notwithstanding the foregoing, TogetherWeServed.com shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by participants and in order to determine compliance with the Terms of Service. In addition, TogetherWeServed.com shall have the right and sole discretion to refuse to post or to remove any content, in whole or in part, that it believes to be in violation of the Terms of Service, or which it finds to be otherwise objectionable for any reason.
3. CONTENT POSTED ON
Please remember that you are ultimately responsible for all Content that you provide and you warrant and represent that: (i) the Content does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; and (ii) you have the right to grant any and all necessary rights and licenses provided in this Section 3, including without limitation, all necessary copyright and other related rights to the Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Content, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Content, including, without limit, any photograph you may provide.
TOGETHERWESERVED.COM PROPERTY RIGHTS.
5. SOLICITATION OF
PRODUCTS AND SERVICES.
9. DISCLAIMER OF WARRANTIES.
10. LIMIT OF LIABILITY.
12. CHOICE OF LAW & VENUE.
14. MISCELLANEOUS TERMS.